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- Enkvist, Victoria, 1976-
(författare)
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Religionsfrihetens rättsliga ramar
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation examines the legal status and legal framework of freedom of religion that is guaranteed in the Instrument of Government and the European Convention of Human Rights. The right to freedom of religion is defined in the second chapter in the Instrument of Government: Everyone shall be guaranteed the following rights and freedoms in his or her relations with the public institutions: freedom of worship: that is, the freedom to practise one’s religion alone or in the company of others.Contrary to the other freedoms that are defined in the same paragraph, freedom of religion is an absolute right that can’t be restricted. One of the purposes in this dissertation is to illuminate what the protection that is guaranteed in the Instrument of Government includes. What is the meaning of the words “practice” and “manifestation” and what can be seen as a “restriction” according to the Instrument of Government? The European Convention on Human Rights also iterates a freedom of religion in its article 9. A second question address by this thesis is to what extent the rights to freedom of religion as enumerated in the Instrument of Government and article 9 in the European Convention on Human Rights are compatible.The dissertation additionally aims at illuminated how the concept of freedom of religion has been applied in Sweden. How have lawmakers reasoned with regards to different questions concerning religion? As we will see, that seems to vary. Three different concrete examples will be examined: religiously motivated slaughter, religiously motivated circumcision and religious symbols in the public sphere. Together, these questions show that the delineation of freedom of religion has varied depending on the opposing interest.This thesis further seeks to address two additional important issues: first, whether it is possible to balance the absolute right of freedom of religion against any other right, and second, the impact of categorization. The categorization of practices under the headings of tradition, religion and culture is often determinative as to which are protected. This thesis presents an analytical tool for understanding when a practice is considered religious, and thus protected under the Constitution’s provisions on freedom of religion.
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- Ericson, Marika, 1977-
(författare)
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On the Virtual Borderline: Cyber Operations and their Impact on the Paradigms for Peace and War : Aspects of International and Swedish Domestic Law
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Contemporary disputes between states contain elements of psychological and information operations, intelligence operations and cyber operations as well as methods for physical use of force. Cyber operations may use, or contribute to, all of these different techniques and methods combined and can be focused on intelligence gathering, preparation of networks for future attacks, sabotage or on preventing access to information. States are also not alone as actors in cyberspace, non-state actors are continuously updating and reinforcing their abilities and capabilities and the dividing line between cyber operations that are a crime conducted by a non-state criminal and operations conducted by states have become increasingly blurred.International law, and Swedish domestic law, is built up around two foundational paradigms for peace and war. The paradigms are founded on the concepts of statehood, sovereignty and security. Situations, especially threats to states, are to be sorted into either the paradigm for peace or the paradigm for war and are through the division into paradigms also regulated by separate legal frameworks. There is in law no acknowledged state in between.This thesis explores the virtual borderlines of the paradigms for peace and war. It suggests that cyber operations is one development challenging the paradigms for peace and war. It further suggests that states are beginning to form their responses to cyber operations. States are defining cyberspace in terms of territory and sovereignty and they play on thresholds for breaches of sovereignty, interventions and use of force. They in essence structure and argue for a legal space in between the paradigms for peace and war.The thesis also takes the findings from research conducted on international law and views the findings from a Swedish domestic law perspective. Sweden adheres to a strict division of threats and situations into paradigms for peace and war. There is no state of emergency in Swedish constitutional law, the paradigm for peace is applied fully until a situation is defined as war or danger of war. The question for law is how to make this bipolar system function where threats cannot be sorted into either peace or war anymore.
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- Fogdestam Agius, Maria, 1981-
(författare)
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Interaction and Delimitation of International Legal Orders
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation concerns developments in international law which are occurring as a result of a coexistence of different regimes for adjudication. It traces the processes through which a treaty regime may develop into an autonomous legal order and considers the formation of relationships between international tribunals operating in regime contexts that embed certain values, political ideals and structural biases.For these purposes, a substantial selection of cases, primarily from EU law, WTO law and international environmental law, are analysed from several points of view.The cases reviewed are those that cross-refer to rulings of other courts or to general international law or other international treaty regimes, either for application or for guidance for what is labelled ‘extrinsically informed interpretation’.References are qualitatively analysed with regard to the legal basis for invoking extraneous norms, the criteria for selecting extrinsic norms by which to be influenced, and the potential impact this has on the rules intrinsic to the regime.Perspectives include jurisdictional limitations placed on dispute settlement bodies set up under regimes and constraints as to the choice of applicable law or the influences that may legitimately be factored into legal interpretation; the perceived role of the court as tasked with the continuous development of a legal discipline, or as merely providing dispute resolution; and the tools available to judicial bodies to confine their delineation of the dispute and the legal solutions to it to its own legal order, by distinguishing or declare redundant references to extrinsic norms or judgments.The various connotations attached to the concept of a ‘self-contained regime’ are critiqued, as are the existing approaches to resolving issues arising from the ‘fragmentation’ of international law.Important analytical aspects are sovereign consent, the uncoordinated formats for international law-making and the role of courts and tribunals in fixating relationships of priority between international legal orders.Finally, the implications of this complex web of legal interrelationship at regime level are discussed in terms of the formation of meta-principles for regulating regime relationships and the repercussions for how we perceive of agency, authority and legitimacy in international law.
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